Page 36 - GSTL_16 April 2020_Vol 35_Part 3

C22 GST LAW TIMES [ Vol. 35
adjust his tax liability in his liability shall be adjusted in the return
returns? subject to conditions of section 34 of the
CGST Act. There is no need to file a
separate refund claim.
However, in cases where there is no output
liability against which a credit note can be
adjusted, registered persons may proceed
to file a claim under “Excess payment of
tax, if any” through FORM GST RFD-01.
2. An advance is received by a In case GST is paid by the supplier on
supplier for a Service advances received for an event which got
contract which got cancelled cancelled subsequently and for which no
subsequently. The supplier invoice has been issued in terms of section
has issued receipt voucher 31(2) of the CGST Act, he is required to
and paid the GST on such issue a “refund voucher” in terms of
advance received. Whether section 31(3)(e) of the CGST Act read with
he can claim refund of tax rule 51 of the CGST Rules.
paid on advance or he is The taxpayer can apply for refund of GST
required to adjust his tax paid on such advances by filing FORM
liability in his returns? GST RFD-01 under the category “Refund
of excess payment of tax”.
3. Goods supplied by a In such a case where the goods supplied by
supplier under cover of a tax a supplier are returned by the recipient and
invoice are returned by the where tax invoice had been issued, the
recipient. Whether he can supplier is required to issue a “credit note”
claim refund of tax paid or is in terms of section 34 of the CGST Act. He
he required to adjust his tax shall declare the details of such credit notes
liability in his returns? in the return for the month during which
such credit note has been issued. The tax
liability shall be adjusted in the return
subject to conditions of section 34 of the
CGST Act. There is no need to file a
separate refund claim in such a case.
However, in cases where there is no output
liability against which a credit note can be
adjusted, registered persons may proceed
to file a claim under “Excess payment of
tax, if any” through FORM GST RFD-01.
4. Letter of Undertaking (LUT) Notification No. 37/2017-Central Tax,
furnished for the purposes dated 4-10-2017, requires LUT to be
of zero-rated supplies as per furnished for a financial year. However, in
provisions of section 16 of terms of notification No. 35/2020-Central
the Integrated Goods and Tax, dated 3-4-2020, where the requirement
Services Tax Act, 2017 read under the GST Law for furnishing of any
with rule 96A of the CGST report, document, return, statement or such
Rules has expired on 31-3- other record falls during between the
GST LAW TIMES  16th April 2020  156